Report No. 248

14. Waste-Lands (Claims) Act, Act 23 of 1863

Category: Land Laws

Recommendation: Repeal, in consultation with relevant state(s)

The Act was enacted to establish the procedures for adjudication of claims made in relation to waste-lands. At the time of enactment, all land not used for agriculture as waste-lands, and the colonial State asserted control over these lands. However, a majority of what was previously considered waste-land is now being administered under the Indian Forests Act, 1927 and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Waste-land is now considered to be the common property of the village communities. The continuation of this Act would lead to perpetuation of the colonial mind-set surrounding management of waste-lands. This Act has also been recommended for repeal by the PC Jain Commission in its Appendix A-5.